Strategic Opportunities Practice
Client and Industry Challenges
As businesses become more acclimated to resuming operations following the initial post-COVID-19 shock, many businesses and investors will focus on long term opportunities and challenges to businesses and real estate assets which have historically been profitable and sustainable, but whose financial condition has been significantly impaired by the crisis or whose business model and delivery of product and services will require significant revamping. This may require the owners of businesses and real estate to take fundamental actions to “right-size” their balance sheet, recast loans, lease and other obligations to reflect new cash flow realities, and seek capital and new strategic partners to respond to the changed marketplace. It may also afford significant opportunities for financially stronger companies and for investors to invest in new opportunities which may not otherwise have been available on favorable terms in a pre-COVID-19 environment. But with those opportunities there may be risks on account of legacy issues created by COVID-19 including creditor claims and litigation risk.
Our firm has extensive experience assisting businesses and real estate projects in financial distress, lenders and strategic partners for such situated businesses and assets, and investors looking to acquire or invest in challenged business and real estate projects. Our clients include public companies; midmarket and emerging growth private companies; private equity, real estate and other fund sponsors; major and regional banks and other financial institutions. The attorneys in our firm positioned to do this work have experience in M&A, real estate acquisitions and lease negotiations, loan restructurings, fund formation, bankruptcy and insolvency, general commercial and corporate, intellectual property transfers and licensing, tax, employment and employee benefits, and government and regulatory compliance and other disciplines. They are prepared to assist clients with issues ranging from evaluation of legal risks in investing and operating distressed companies and assets, to negotiating and closing transactions, to effecting change through bankruptcy reorganization or other proceedings.
The firm’s mergers and acquisitions attorneys are well-versed in providing strategic and innovative legal services for complicated corporate transactions. We have extensive experience assisting in the purchase and sale of distressed companies, including addressing successor liability issues, and effecting both consensual out-of-court transactions and, with the assistance of our bankruptcy and other professionals, other resolutions including Chapter 11 reorganization plans and Bankruptcy Code Section 363 sales and UCC Article 9 foreclosures. We work across many different industries, including industries in which the intersection of business and government requires a particularly strategic and risk-sensitive approach.
Restructurings, bankruptcies, insolvencies and reorganizations are complex, highly regulated and financially demanding processes that often require the assistance of experienced counsel who can offer timely and cost-effective practical solutions. Our team has extensive depth and experience in representing commercial creditors, debtors, debtors-in-possession, trustees, committees and third parties in all aspects of the bankruptcy and debt collection process.
Our attorneys understand the challenge of raising investment capital and are familiar with the legal and business issues facing funds, fund sponsors and fund investors. Our attorneys have experience advising clients on fund formation and management issues, securities and tax law considerations, governance and structural issues as well as continuing to provide counsel on the fund's deployment of capital. Our attorneys also counsel investors with respect to their fund investments.
Commercial, Corporate and Intellectual Property Transfers
Our attorneys regularly assist clients establishing new business lines and opportunities and enhancing revenue sources and supply chains including through joint ventures and new strategic relationships, negotiating product supply and distribution agreements, identifying and acquiring intellectual property assets through distressed sale or restructuring transactions, and procuring clean title to intellectual property assets for commercialization by the client or further conveyance to others by sale or license in new markets or industries.
The changing market has created unique opportunities for companies, investors and newly created funds to target strategic real estate assets. In addition, many companies are seeking to reduce costs, increase cash flow and change their footprint by restructuring their existing real estate portfolio, which may include the sale of properties, and the renegotiation, assignment or termination of unfavorable leases. Our attorneys have extensive experience in commercial leasing, land use, environmental law, development, and acquisitions and dispositions of real estate of all types, including retail, multifamily, industrial, vacant land, office, residential lots, hospitality, distressed properties, and other assets.